BILL PAY DISCLOSURE

ONLINE BILL PAY TERMS AND CONDITIONS

SERVICE DEFINITIONS

“Service” means the online bill pay Service offered by Firstbank and Serviced by Metavante Corporation. “Service Provider” means Metavante Corporation. “Agreement” means these Terms and Conditions of the Firstbank online Bill Pay Service. “Payee” is the person or entity to which you wish a bill payment to be directed. “Payment Instruction” is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date). “Funding Account” is the checking account from which bill payments will be debited. “Billing Account” is the checking account from which all Service fees will be automatically debited. “Business Day” is every Monday through Friday, Eastern Time, excluding Federal Reserve holidays. “ Send On Day “ is the day you want your payment to start processing. If the “Send On Day” is a non-business day the Service will automatically change it to the next business day. Your Funding Account may be debited on the same date as the “Send On Day”. “Due Date” is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period. “Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.


USE OF A THIRD-PARTY BILL PAY SERVICE-PROVIDER

Metavante Corporation (“ Metavante”) is the third-party billpay Service provider that Firstbank has contracted with to provide bill pay Service to its customers. Metavante will be processing bill payments and answering questions directly related to such customer-initiated bill payments. Accordingly, the term “ Metavante Customer Care” represents the customer Service provided by Metavante to Firstbank’s bill pay subscribers on Firstbank’s behalf. Firstbank, at its sole discretion, reserves the right to change online Bill Pay Service providers.


CHARGES OR FEES

There are no fees associated with this service. Any fees associated with your accounts and other bank Services will continue to apply. You are responsible for any and all telephone access fees or Internet Service fees that may be assessed by your telephone utility and/or Internet Service Provider.


FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Funding Account. If we are unable to complete the transaction for any reason associated with your Funding Account (for example, there are insufficient funds in your Funding Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  2. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  3. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  4. The Service is authorized to report the facts concerning the return to any consumer credit reporting agency.

In these cases, you agree that a non-sufficient funds (NSF) fee will be charged in accordance with Firstbank’s Schedule of Fees & Charges. Further, you also agree that a NSF fee may be charged to your account even if the payment is not returned but is paid and overdraws your Funding Account. By enrolling for and using the Service, you agree that Firstbank has the right to collect funds from all of your deposit accounts as well as the available balance on your line of credit accounts (e.g., credit card accounts) to recover funds for all payments that have been requested to be paid by you and your authorized user; this includes accounts on which you are the primary owner, as well as accounts on which you are the joint owner.


BILL PAYMENT SCHEDULING

Transactions begin processing on the “Send On” day. When scheduling payments you must select a Send On Date that is five (5) Business Days prior to your actual Due Date for paper transactions and three (3) Business Days prior for electronic payments.


THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. For this reason, payments must be scheduled in accordance with the guidelines described under the “Bill Payment Scheduling” in this Agreement.


PROHIBITED PAYMENTS

Payments to Payees outside of the United States or its territories are prohibited through the Service. To be enrolled in the Service you must have a United States mailing address. Payments must be under ten thousand dollars ($10,000) and the daily total of payments cannot exceed $20,000.


EXCEPTION PAYMENTS

Tax payments and court ordered payments should not be scheduled through the Service. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied or misdirected payments will be the sole responsibility of you and not of the Service.


PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives. When the Service receives a Payment Instruction, you authorize the Service to debit your Funding Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Funding Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Funding Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Funding Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) that prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods include, but may not be limited to, an electronic payment, or an electronic to check payment.


PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.


STOP PAYMENT REQUESTS

The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Metavante’s Customer Service at 866-537-1702. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service requires you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the Firstbank Schedule of Fees & Charges. This Agreement does not alter your liability or obligations that currently exist between you and your Payees.


EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments authorized using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify Firstbank at once by calling 1-800-453-8700 or contact a service representative at one of our Firstbank office locations.


YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

Tell us at once if you believe your password or other means to access your account has been compromised or stolen. If your monthly financial institution statement contains transfers that you did not authorize, tell us at once.


ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

  1. Telephone us toll free at: 1-866-537-1702
  2. Email us at: firstbank@billsupport.com

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
  4. To a consumer reporting agency for research purposes or to report the facts concerning a failed or returned transaction;
  5. In order to comply with a governmental agency or court orders;
  6. If you give us your written permission. Or,
  7. In accordance with Firstbank’s privacy policy.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you in writing or via electronic message, in accordance with the law. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates. In addition, as a part of this Service, you agree to receive all legally required notifications via electronic means.


ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Any changes in your Funding Account Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Funding Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information. Please notify Firstbank of any changes to your user information such as name, address, phone number and/or email address.


SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, you may contact Firstbank at 1-800-453-8700 or send us notification via the “Contact Us” form from the Web www.firstbankmi.com. Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. Firstbank, or the Service may terminate or suspend Online Bill Pay Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.


PAYEE LIMITATION

The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.


RETURNED PAYMENTS

In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Funding Account. You may receive notification from the Service.


INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service can­not verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).


DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what Metavante Customer Care or an employee of the Service says and the terms of this Agreement, the terms of this Agreement will prevail.


ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.


NO WAIVER

The Service may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not constitute a waiver of the term or provision in the future. The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.


JURY TRIAL WAIVER

YOU AND FIRSTBANK EACH HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF THIS AGREEMENT OR RELATING TO THE ACCOUNT AS AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.


SEVERABILITY

If any provision of the Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.


GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of laws provisions; provided, however, that any dispute solely between you and the Service Provider shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of laws provisions.

THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.


ELECTRONIC DISCLOSURES

“Disclosures” means terms, conditions, and other information required to be communicated to you by law. Firstbank provides your Online Bill Pay Terms and Conditions Agreement both electronically and in paper form. Firstbank will provide notices of changes to this agreement and other related disclosures electronically via email or by U.S. mail to your Firstbank address of record. In addition, Firstbank will provide changes to the terms of this Electronic Disclosures Agreement and other related disclosures electronically.


HARDWARE AND SOFTWARE REQUIREMENTS

To access and retain copies of your electronic disclosures you must have Internet access with a compatible browser. To view a list of browsers that are compatible, go to the Firstbank Web site http://www.firstbankmi.com and review Firstbank FAQs for Browser Requirements.